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HomeMy WebLinkAboutReso 1985-12261 12261 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PEGASUS ARCHITECTURE TO DEVELOP PLANS FOR CRIME/PHOTOGRAPHY OFFICES, APPROPRIATING FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGRE~ENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agre~nent between THE CITY OF CHULA VISTA, a municipal corporation, and PEGASUS ARCHITECTURE to develop plans for crime/photography offices dated the 6th day of December , 1985, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the sum of $25,155 be, and the same is hereby appropriated from the unappropriated balance of the General Fund. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by oWiflpl~i-cJ.s~entt~rs, Director ~tt~Sne~ ~n, City ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 19th day of November 9 85 --, by the following vote, to--wit: McCandliss, Malcolm, Moore, Scott AYES: Councilmen: None NAYES: Councilmen: No[3e ABSTAIN: ~lmen: %BSENT: Councilmen: Mayor Cox MAYOR PRO TEMPORE ~TTES ;TATE OF CALIFORNIA ) :aUNTY OF SAN DIEGO ) s s. :ITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, 0 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12261 ,and that the same has not been amended or repealed. ATED (seal) City Clerk .RECEIVED 2 9 1985 Revised 10/28/85. ,. ARCHITECT' S AGREEMENT This agreement, effective December 6, .1985 by and between the City of Chula Vista Chula Vista, California, hereinafter called OWNER, and Pegasus Architecture and Design, 7723 Fa~ Avenue, Suite 5~ La Jolla¢ CA 92037~ hereinafter called ARCHITECT. W I T N E S S E T H : WHEREAS, OWNER is desirous of employing an architect licensed in the State of California in order to benefit from his professional knowledge and skill in the completion of the project described below, and WHEREAS, ARCHITECT is licensed in the State of California and is otherwise qualified to render professional architectural services to OWNER in the completion of the project described below. NOW, THEREFORE, OWNER AND ARCHITECT do hereby mutually covenant and agree as follows: 1. DUTIES OF ARCHITECT A. ARCHITECT shall perform the necessary and appropriate professional services in connection with the construction of a new police crime and photographic laborator~ which will be located in the basement of the police facilit~¢ herein called "the Project", based on attached sketch dated April 16, 1985. In performing such professional services in connection with the Project, ARCHITECT shall be bound by the General Conditions (Appendix A) of this contract, and which are incorporated herein and made a part hereof. B. Upon notice to proceed from OWNER, ARCHITECT shall prepare Schematic Documents consisting of plans, elevations, appropriate sections and cost estimates indicating the general features of the Project and the relationship of the various portions thereof. C. Upon acceptance and approval of the Schematic Documents by OWNER, the ARCHITECT shall prepare Preliminary Documents consisting of site, structural, architectural, electrical and mechanical plans, outline specifications, and construction cost estimates. Preliminary Documents shall be completed within 60 calendar days of receipt of notice to proceed. -1- D. Upon acceptance and approval of the Preliminary Documents by OWNER, the ARCHITECT shall prepare Construction Documents consisting of structural, architectural, mechanical, and electrical working drawings and specifications necessary or convenient for the proper construction of the Project. Construction documents shall be completed by ARCHITECT for review by appropriate Governmental authorities within 60 calendar days after receiving notice to proceed. E. The ARCHITECT shall consult with OWNER and assist in the preparation and taking of bids. F. Construction administration will consist of mechanical and electrical review and approval. G. If ARCHITECT is unable to complete any of the above work for the Project by the specified time periods, and the delay is deemed by the City Manager of OWNER not due to the fault or negligence of ARCHITECT, a reasonable extension of time shall be added by the City Manager upon written request of ARCHITECT. Any delay due to fault or negligence'of ARCHITECT may be the basis for termination of this contract. II. CONSIDERATION A. In consideration of professional services of ARCHITECT for the Project, OWNER shall pay, and ARCHITECT SHALL ACCEPT AS FULL PAYMENT THEREFOR, A Fee plus such other payments and reimbursements as specified in the General Conditions to this Agreement. B. The compensation for this project shall not exceed ~35,155. C. Complete architectural services, including electrical and mechanical design for the Project shall be performed on an hourly basis. Hourly rates are to be as follows: Principal's time at the fixed rate of sixty-five dollars (~65.00) per hour. For the purposes of this Agreement, the Principals are: Jeffrey Shorn, AIA Charles Kaminski Project Architect: Fifty dollars (~50.00) per hour Technicians: Thirty-six dollars (~36.00) per hour Support Staff: Twenty-four dollars (~24.00) per hour -2- D. Any "Extra Services" by the ARCHITECT, as defined in the General Conditions, shall be authorized in writing in advance of performance of said services, and the ARCHITECT shall be compensated for such extra professional services at the hourly rate listed in Paragraph C. E. Any "Reimbursable Expenses" incurred by the ARCHITECT, as are defined in the General Conditions, may be authorized by the City Manager or his designee, provided the reimbursable expenses do not exceed ~1,000. Any amount in excess of ~1,000 shall require City Council approval. III. PAYMENT A. Payment of ARCHITECT'S Fee shall be made monthly in direct proportion to the progress of the work as certified by ARCHITECT. 1. Upon the completion of the Schematic documents, and the approval thereof by the OWNER, a sum equal to 25% of the Fee defined in Article II shall be due and payable. 2. Upon the completion of the Preliminary documents, and the approval thereof by the OWNER, a sum equal to 25% of the Fee defined in Article II shall be due and payable. 3. Upon completion of 50% of the Construction document phase, a sum sufficient to increase the Fee payments to 25% of the Fee defined in Article II shall be due and payable. 4. Upon completion of the Construction document and the acceptance thereof by OWNER a sum sufficient to increase the Fee payments to 100% of the Fee defined in Article II shall be due and payable. 5. Payment for authorized "Extra Services" and "Reimbursable" expenses shall be made monthly as they are incurred. IV. TERMINATION A. OWNER hereby reserves the right to terminate at any time by written notice to ARCHITECT all or any part of this contract. B. In the event of such termination, ARCHITECT shall be paid in accordance with Article III of this Agreement for professional services and expenses rendered up to the date of such termination. --3-- V AMENDMENT If'~ ~ ~. This Agreement may be amended at any time by mutual consent of the parties hereto. Any amendment hereto shall be in writing and shall set forth the date of the public City Council meeting at which the City Council approved such amendment. vi. SUCCESSORS AND ASSIGNS All terms, conditions, and provisions hereof shall inure to and shall bind the parties hereto, their respective heirs, administrators, executors, successors and assigns. ARCHITECT shall not sublet, assign or transfer to any way his interest in this contract without the prior written consent of DISTRICT. VII. The ARCHITECT shall hold harmless the City of Chula Vista and all officers and employees, from all costs and claims for damages to real or personal property and personal injury to any third party resulting from the negligent performance of services, if any, pursuant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed in their behalf by their duly authorized representatives on November 19, 1985 ARCHITECT CITY OF CHULA VISTA License No. Date Date Approved as to form Ci'ty Attorney -4- CITY OF CHULA VISTA GENERAL CONDITIONS Table of Contents I General Information II Responsibilities of the Owner III Responsibilities of the Architect IV Extra Architectural Services V Reimbursable Expenses VI Procedures A. Schematic Documents B. Preliminary Documents C. Construction Documents D. Bidding -5- CITY OF CHULA VISTA GENERAL CONDITIONS APPENDIX A TO ARCHITECT'S CONTRACT I. GENERAL INFORMATION: A. The ARCHITECT shall read this appendix carefully. It will answer many questions regarding procedures and general requirements. B. The ARCHITECT shall always bear in mind that it is the desire of the OWNER to obtain facilities that shall require a minimum amount of maintenance and operational cost. C. The official representative of the OWNER in dealings with the ARCHITECT under this agreement shall be the City Manager or his designee. At his option, and with written notice to the ARCHITECT, he may delegate his responsibilities to other individuals. II. RESPONSIBILITIES OF THE OWNER: A. The OWNER will furnish a Building Program outlining the scope and requirements for the Project. If only a portion of the ultimate project is being considered now, the ARCHITECT will be advised of proposed future elements in order to develop a master plan, if necessary. B. Costs of material testing and other tests authorized by the OWNER shall be borne by the OWNER. III RESPONSIBILITIES OF THE ARCHITECT- A. The overall responsibility of the ARCHITECT is to produce for OWNER a complete set of construction documents which satisfy the OWNER design criteria and specifications, to the extent they are made known to him, OWNER bidding procedures, and which will yield a finished product complete and ready for use. -6- B. The ARCHITECT shall participate in all conferences with representatives of the OWNER or other agencies as necessary for the development of all documents. c. It is the responsibility of the ARCHITECT to visit and inspect the location of the project and to acquaint himself with all visible conditions. The initial visit shall be made with OWNER representatives. D. The ARCHITECT shall associate with him, and at his expense, structural, mechanical and electrical engineers, unless waived by the OWNER in writing. The ARCHITECT may associate with him, or shall if so requested by the OWNER, other qualified specialists, mutually acceptable to the ARCHITECT and the OWNER, to render services in connection with the Project, and may delegate to them such duties as he may designate without relieving himself from administrative or other responsibility under this contract. E. The ARCHITECT shall cause all documents to conform to applicable requirements of the City of Chula Vista, and shall cause the necessary copies of such documents to be filed with the appropriate City departments for approval. IV. EXTRA ARCHITECTURAL SERVICES A. Extra architectural services are those not basic to every project and are to be performed only when specially authorized in writing by the OWNER. Extra services are usually required because of unforeseen circumstances or by special request of the OWNER, and are extra work and expense not contemplated or compensated for under the fee schedule for ARCHITECT'S basic services. Extra services include but are not limited to: 1. Preparing feasibility studies, energy conservation studies, life cycle cost analysis, growth impact studies, special analyses of Owner needs, related Cost Estimates, and assistance in the preparation of application for governmental funding of Projects. 2. Providing planning surveys, site evaluations, or comparative studies of prospective sites. -7- 3. Providing master planning or design services - relative to future facilities, systems and equipment which are not intended to be constructed as part of the project covered by this contract. 4. Preparing documents for segregated contracts or out of sequence services requested by the OWNER. 5. Services in connection with revising previously approved drawings and with Change Orders initiated by the OWNER to change the scope of the project or to significantly revise approved contract documents. 6. Providing consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing professional services which may be required in connection with the replacement of such work. 7. Providing professional services made necessary by default of the contractor or by major defects in the work of the contractor in the performance of the construction contract. 8. Providing Contract Administration and observation of construction after the construction contract time has been exceeded by more than 120 days through no fault of the ARCHITECT. 9. Providing services of professional consultants for other than the normal structural, mechanical, and electrical, for the project. The OWNER reserves the right of approval of each such individual consultant. V. REIMBURSABLE EXPENSES A. Reimbursable expenses are in addition to the compensation for basic services, and include actual expenditures made by the ARCHITECT, his employees, or his professional consultants in the interest of the Project for expenses listed as follows: 1. Expenses of transportation and living when traveling outside San Diego County in connection with the project, including long distance telephone and telegram costs, occasioned by such travel. -8- 2. Expenses of reproduction, postage and handling or drawings and specifications, excluding such copies at each phase of document preparation reasonably necessary for the ARCHITECT to obtain OWNER approval of such documents. Two copies shall De provided at the schematic and preliminary phases. See VI.C.4 for additional provision. 3. If authorized in advance by the OWNER, the expenses of overtime work requiring higher than regular rates and expense of models for the use of the OWNER. VI. PROCEDURES A. SCHEMATIC DOCUMENTS 1. The owner shall approve the Schematic Document prior to the preparation of Design Documents. B. PRELIMINARY DOCUMENTS 1. When authorized by the OWNER, the ARCHITECT shall begin the preparation of Preliminary Documents. 2. Documents for additions to existing facilities shall be engineered to include provisions for maintaining continuous, uninterrupted operation of the existing facilities and the utilities thereto, to the extent feasible. C. CONSTRUCTION DOCUMENTS 1. Upon approval of the Preliminary Documents, and upon notification by the OWNER, the ARCHITECT shall proceed with the Construction Documents based upon the Preliminary Documents. 2. In general, all construction work will be under one contract, but the ARCHITECT shall prepare the construction documents in such a manner that alternates, preferably additive, may be bid if the OWNER so decides. 3. All references in the Construction Documents shall be directed to the General Contractor only. Under no circumstances shall the duties of any subcontractor be defined. -9- 4. The ARCHITECT shall submit two sets of blue line prints of his Architectural Construction Documents, not including engineering calculations, to the OWNER for review and comments when they are completed. Any additional consultant documents would be reimbursable. D. BIDDING 1. The ARCHITECT shall distribute all Construction Documents to prospective bidders, issue necessary addenda, and prepare all bid tabulation forms. All interpretations of Construction Documents during the bidding period shall be by addendum only. 0506a -10-